Legal Question in Wills and Trusts in Virginia
My brother, who is the executor of our Moms estate is selling off the things she bequeathed to others in order to pay her debts. He has not exausted selling things she didn't leave others first. He is doing this out of anger. Do I have any recourse?
Asked on 7/27/10, 4:16 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
An executor has a duty to first satisfy all legitimate claims from
creditors against the estate of the deceased before making distributions to
others named in the will. And, in order to fullfill this duty, the executor
may have to sell estate property which has been designated to be given
to such others which is a decision which will normally lie within
the executor's discretion.
Answered on 8/01/10, 8:04 am